Integrity Legal

Those who read this blog may likely have noticed that the issue of Thai immigration is a frequent topic of discussion. Recently, this author came upon an interesting announcement regarding the issuance of Thai reentry permits at the Suvarnabhumi International Airport in Bangkok, Thailand. The following is quoted directly from the official website of Suvarnabhumi International Airport:

In a previous posting on this blog, the administration pondered the prospect of Thai reentry permits and whether they would ever again be available at the airport as opposed to the Royal Thai Immigration Headquarters at Chaeng Wattana. It would appear that from this point onwards, Thai reentry permits will be available to departing foreign nationals at the airport.

For those who are unfamiliar with the protocols and rules associated with Thai immigration, anyone present in the Kingdom of Thailand on a Thai visa must obtain a reentry permit prior to leaving the Kingdom of Thailand. Those who fail to obtain a Thai reentry permit prior to departing Thailand may lose their Thai visa status upon departure. For this reason, reentry permits should be obtained by anyone in Thai visa status who wishes to return to Thailand. A frequently asked question in this vein is: do I need a reentry permit if I am present in the Kingdom on a visa exemption? The short answer: no. Those who enter the country on a Thailand visa exemption cannot obtain a reentry permit as they are not technically in possession of a valid Thai visa. Those present in the Kingdom of Thailand on a Thai visa extension are required to obtain a Thai reentry permit prior to departure lest the foreign national fall out of status entirely upon departing Thailand. The same can be said for those who are present in Thailand with lawful permanent residence. A Permanent Resident in Thailand must receive authorization to leave the country whilst simultaneously maintaining lawful status in the Kingdom or else face the prospect of falling entirely out of status upon departure.

Those who are present in the Kingdom of Thailand on a multiple entry one year Thai visa should not need to obtain a Thai reentry permit when departing the Kingdom, but those with a multiple entry visa are generally required to depart the Kingdom at least every 90 days in order to maintain lawful status.

Fore related information please see: Thailand business visa or Thai Work Permit.

Tags: Multiple Entry Thai Visa, Multiple Entry Thailand Visa, One Year Thai Visa, One Year Thailand Visa, Reentry Permit, Suvarnabhumi, Suvarnabhumi International Airport, Thai B Visa, Thai Business Visa, Thai Immigration, Thai O Visa, Thai permanent residence, Thai Reentry Permit, Thai Retirement Visa, Thai Visa, Thai Visa Extension, Thai Visas, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand ED Visa, Thailand Education Visa, Thailand Immigration, Thailand o visa, Thailand Permanent Residence, Thailand Reentry Permit, Thailand Retirement Visa, Thailand Visa, Thailand visa extension, Thailand Visas
Posted in News, Thailand Business, Thailand Visa, Thailand Work Permit | No Comments »

In previous posts, this author has discussed visa runs and border runs. Another common method of obtaining lawful status in the form of a Thai visa is by traveling to Thai Embassies and Consulates outside of the Kingdom of Thailand. This can be a difficult endeavor for some, but the difficulty can be increased as Embassies and Consulates change their internal rules frequently. This is a by-product of doctrines similar to that of Consular Absolutism also known as Consular NonReviewability. This doctrine states, in a nutshell, that Consular Officers are given wide latitude to use their own discretion when making factual determinations about visa issuance.

Recently, this author has learned that the Royal Thai Embassy Kuala Lumpur will no longer issue the 1 year multiple entry Thai business visa to those with a work permit that is valid for less than 7 months. In the past, it was routine to see the 1 year Thailand business visa issued to those with a valid work permit regardless of the duration of its validity. Now, it seems that only a 90 day business visa will be granted to those with a Thai work permit that is valid for less than 7 months.

In recent years, the Thailand work permit and the Thailand visa have been effectively “decoupled” in the sense that one is no longer necessarily dependent upon the other. For a long period of time one had to have a work permit in order to obtain a Thai visa extension. Once that extension was obtained one needed to then extend the work permit so that the two documents’ validity were in sync. This has changed as the Ministry of Labour is more apt to grant a 1 year work permit to first time applicants and then the applicant can easily obtain a visa extension. The side effect of this system is that Thai Embassies and Consulates are increasingly less willing to issue one year Thai visas since their personnel view the decision regarding issuance of such a long term travel document ought to be made by the Royal Thai Immigration Police in the Kingdom of Thailand.

When analyzed, this policy makes sense as the Royal Thai Immigration Police in Thailand are often better equipped to adjudicate visa extension requests. However, there are often very compelling reasons why an applicant would wish to obtain a 1 year multiple entry visa from outside of Thailand. One notable reason, such a travel document would not require the issuance of a Thai Reentry Permit as would be necessary if a one year visa extension were issued.

It should be noted that each Thai Consular and/or Diplomatic Post has a different set of rules with regard to visa issuance so what is the rule at one post may not be the same at another.

Tags: Consular Absolutism, Consular Nonreviewability, Royal Thai Embassy, Royal Thai Embassy Kuala Lumpur, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai Immigration, Thai Visa, Thai Visas, Thai Work Permit, Thailand Embassy Kuala Lumpur, Thailand Immigration, Thailand Visa, Thailand Visas, Thailand Work Permit, Visa Thailand, work permit Thailand
Posted in Legal Opinion, Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa | No Comments »

Work Permits can be a major issue for those engaging in non-recreational activity in Thailand. Thaivisa. com is reporting that some of those involved with the King’s Cup Regatta were worried that the Ministry of Labour and the Royal Thai Immigration Police may crackdown on foreigners participating in the Regatta. The reason for the possible crackdown was supposedly to be due to unsanctioned employment-like activity. Fortunately, as Thaivisa.com is reporting, rumors of a crackdown are unfounded as authorities have stated that no sailors will be detained for work permit violations connected with the event.

Quoting Thaivisa.com:

Rumors of an imminent crackdown on foreign sailors taking part in the King’s Cup Regatta over work permit violations are untrue, the head of Phuket Immigration has confirmed. A thread on the popular Thai Visa web forum yesterday started with the post:  ’Latest from Phuket Town… raiding King’s Cup regatta tomorrow for professional sailors without work permits….’ As Immigration Police would have to play a role in any such crackdown, the Gazette contacted Phuket Immigration Police Superintendent Col Chanatpol Yongbunjerd to see if the rumor was true; it wasn’t, and isn’t. ‘I guarantee that such arrests won’t happen,’ he said.”

Although it may seem trivial, some officials take work permit violations very seriously. As a result, some activities which foreigners consider to be “non-employment,” are used as a basis for fining or detaining individuals in the Kingdom for violations of Thai Labor law.

Immediately following the relatively recent Tsunami in Southern Thailand, many volunteers arrived to assist in relief efforts. Some of these volunteers were disturbed to be informed by Thai authorities that they were in violation of Thai labor regulations. To quote Thailandqa.com:

“‘More than 1,000 foreign volunteers from about 25 countries helping tsunami survivors rebuild shattered lives were outraged yesterday to hear they face legal action by the Labour Ministry unless they have a work permit. Sombat Boonngam-anong, director of the Chiang Rai-based Krajok Ngao Foundation, said confusion and anger reigned among the foreign volunteers at Khao Lak in Phangnga’s Takua Pa district when a Labour Ministry official told a local English-language newspaper that they were required to register with the ministry for a work permit otherwise legal action would be taken against them starting March 1.’ — Bangkok Post, 2nd March 2005, PENCHAN CHAROENSUTHIPAN”

Normally, in order for a foreign national to obtain a Thai work permit the applicant must also present a validly issued Thai visa. Many Thailand visa categories enable the bearer to apply for a work permit. However, the most optimal visa category to support a work permit is the business visa. Unfortunately, it can be difficult to obtain a Thai business visa from a Thailand Embassy or Consulate abroad and therefore many opt to stay in Thailand on tourist visas or exemption stamps. Neither of these documents, on their own, can be used as a basis for submitting a Thai work permit application. Therefore, those wishing to work in the Kingdom should seriously consider applying for a proper visa prior to arrival.

Tags: Ministry of Labor Thailand, Ministry of Labour Thailand, Thai Immigration, Thai Ministry of Labor, Thai Ministry of Labour, Thai Visa, Thai Visas, Thai Work Permit, Thailand Ministry of Labor, Thailand Ministry of Labour, Thailand Visa, Thailand Visas, Thailand Work Permit, Visa Thai, Visa Thailand, work permit Thailand
Posted in General Legal Information, Thailand Business, Thailand Embassy, Thailand Visa, Weird Law | No Comments »

There are many Thai Embassies and Consulates throughout Southeast Asia. One of the major posts in the region is definitely the Royal Thai Embassy in Kuala Lumpur. Thailand and Malaysia share a border and are two of the larger members of the Association of Southeast Asian Nations (ASEAN). This likely explains why both nations maintain relatively large diplomatic and consular posts in each of  these countries. Kuala Lumpur is also a major destination for those wishing to acquire a Thai visa at a Consular post abroad.

The reason for the attraction is likely based largely upon the fact that there are frequent flights from Bangkok to Kuala Lumpur and these flights are relatively cheap compared to airfares for other destinations in the region. Recently, the Royal Thai Consulate in Penang, Malaysia began restricting the issuance of Thai tourist visas to those who have been remaining in Thailand for long periods of time. As a result, many so called “visa runners” have been searching for more flexible consulates in the region. There seems to be no doubt that the Royal Thai Embassy in KL is maintaining a visa issuance policy similar to Penang. However, many visa runners opt to use different posts in an effort to obtain a new visa.

For those thinking of traveling long term in Southeast Asia, it may be wise to develop a strategy regarding one’s visa needs before leaving one’s home country. For example, obtaining a 1 year multiple entry visa before traveling to Thailand would create a great deal of flexibility for the traveler even if he or she does not stay in Thailand for a year and opts to travel throughout the region. This would be a benefit because a long term Thai visa such as this allows for 90 days upon each entry and permits infinite entries for as long as the visa is valid. Therefore, if one is backpacking throughout the region and Thailand is the main country to be toured, a long term visa would be a great deal more beneficial than simply using visa exemption stamps or single entry tourist visas because one cannot cross land borders and be admitted multiple times using either of these methods. Currently, one will only be granted 15 days of lawful presence at any land border port of entry to Thailand.

For the most part, Consulates and Embassies in Southeast Asia will only issue non-immigrant visas such as the Thai Business visa and the Thai O visa for a duration of 90 days.  Therefore, if one obtains a non-immigrant visa at one of these posts, then it may be necessary to acquire a visa extension through the Royal Thai Immigration Police Department in Thailand.

For more information please see: thailand visa

Tags: Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai Embassy Malaysia, Thai Visa, Thai Visa Kuala Lumpur, Thailand Embassy KL, Thailand Embassy Kuala Lumpur, Thailand Embassy Malaysia, Thailand Visa, Thailand Visa Malaysia, Thailand visa run, Thailand Visas
Posted in General Legal Information, Miscellaneous, Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Visa | No Comments »

There have been some interesting developments regarding the Thai Tourist visa. Recently the Thai government authorities and Royal Thai Immigration announced that they would extend the free tourist visa program. This initiative was designed to spur tourism to Thailand which has been a sector of the economy that was hard-hit by the airport closures in late 2008, government instability at the beginning of 2009, the Asean summit cancellation, the  Songkran disturbances, and the worldwide economic distress. A recent statistic published in Thailand has stated that Tourism in Thailand has decreased by 50% year-on-year, for a country heavily dependent upon foreign tourist currency this finding was disconcerting. By providing free tourist visas the Thai government hopes recreational travel to Thailand will increase.

The free tourist visa program would seem to be just one pillar of Thailand’s long term Immigration program. It would seem that Thai Immigration Authorities want to ween foreigners off of the Thai visa exemption and onto the use of Thai visas. Many foreigners are under the mistaken impression that when they are stamped through the immigration counter at the airport in Thailand, they are provided with a 30 day visa. In reality, the stamp for a person entering without a visa is a 30 day visa exemption. This stamp allows a non-Thai national to remain in Thailand without a visa for the time period stipulated on the foreigner’s passport (currently 30 days at the airport and 15 days at land border immigration checkpoints).

At one time, foreigners were able to remain in Thailand for a nearly indefinite period so long as they made a “visa run” every 30 days to renew their exemption stamp. The authorities issuing Thai visas first put a stop to this practice approximately 3 years ago when they mandated that a person was only entitled to visa exemptions for 90 out of every 180 days. Approximately 6 months ago, the Immigration authorities again changed the regulations. Currently, 15 day visa exemptions will be granted to foreigners at the land border and 30 days will be granted at the airport.  Further, those using visa exemption stamps at a land border will only be able to get 4 consecutive 15 day stamps.

This change of policy has created the necessity for longer term visas. Currently the Thai government is providing free Tourist visas to those who wish to travel to Thailand. The visa has a validity of 60 days, but one can travel to the Thai Immigration office in Thailand and, for an extra fee, one can extend the visa for an extra 30 days intra-country.  Another option is the “double entry” Thai tourist visa. this has a double validity for 60 days (with extendability) and if used properly can confer lawful status to a foreigner in Thailand for 6 months.

Apparently, the free tourist visa scheme is not being well received by some of Thailand’s honorary consulates around the globe, because these posts make a substantial portion of their revenue from Tourist visas. According to government officials in Thailand, these posts will receive reimbursement for the free visas they issue. The free visa promotion does not affect the price of the Thailand Business visa, Thailand O Visa, or the Thailand Retirement Visa.

For information on a related topic please see: US Tourist Visa

(This post is for informational purposes only and is not legal advice. No attorney-client relationship is created between reader and author.)

Tags: Thai Immigration, Thai Tourist Visa, Thailand Immigration, Thailand Tourist Visa, Thailand Visa, Thailand Visas, tourist visa thailand
Posted in Thailand Visa | No Comments »